Chapter 21 Employment Discrimination Flashcards

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1
Q

Title 7 of Civil Rights Act prohibits discrimination applies to

A
  • Employers/Labor unions of 15 or more
  • Most federal government employment
  • Labor Unions that operate hiring halls
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2
Q

True of or false, discrimination has to be intentional.

A

False

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3
Q

Disparate Treatment Discrimination is also known as

A

Intentional discrimination

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4
Q

A Prima Facie (At first Site) discrimination case is presumed to be true unless contradicted and it requires a plaintiff show all of these 4

A
  1. Plaintiff is a protected Class
  2. Plaintiff applied and qualified for job in question
  3. Plaintiff was rejected by employer
  4. Employer continued to seek applicants or filled the position with a person not in a protected class
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5
Q

These Cases can be rebutted by employer

A

Prima Facie Cases

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6
Q

Constructive Discharge

A

When work environment is so hostile that it results in a person quitting as though they were discharged

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7
Q

Disparate-impact Discrimination is

A

When a protected group is adversely affected by practices, procedures, or tests

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8
Q

2 ways to demonstrate disparate impact discrimination

A
  1. Pool of applicants

2. Rate of Hiring - 4/5th rule - if one group has a pass rate 4/5ths as good as the other group

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9
Q

True or false, Quotas are discriminatory?

A

True

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10
Q

Prima Facie Case can be rebutted by employer showing the examination is

A

Job Related

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11
Q

2 Affirmative defenses of employers

A
  1. have taken reasonable care to prevent and promptly correct any sexually harassing behavior (i.e. effective harassment policies and complaint procedures)
  2. employee unreasonably failed to follow policies and procedures
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12
Q

If supervisor is harasser

A

Employer is automatically liable

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13
Q

If harasser is not supervisor, its a negligence case

A

-Have to show the company knew or should have known of the behavior

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14
Q

2 Components of Age Discrimination

A
  1. Threshold of 40 years

2. Applicable to employers of 20 or more

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15
Q

Elements of ADEA discharge claim

A

Burden is on employer

  1. member of protected age group
  2. Qualified for position from which they were discharged
  3. Discharged because of age discrimination
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16
Q

Employers with regard to disability discrimination:

A

Reasonable accommodation without undue hardship

17
Q

During pre-employment exams, Employers cant ask anything that would

A

Lead to disclosure of a disability

18
Q

Correctable disabilities

A

can’t sue if poor site can be corrected by glasses

19
Q

Lilly Ledbetter Fair pay act

A

Made discriminatory wages actionable under federal law regardless of when the discrimination began

20
Q

2 characteristics of lilly ledbetter fair pay act

A

Can’t go back more than 2 years

Resets every pay period

21
Q

tangible employment action

A

A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.

22
Q

Remedies under title 7

A
  1. Reinstatement,
  2. Back Pay,
  3. Retroactive Promotions
  4. Damages
23
Q

Bonafide Occupational Qualifications are

A

not a defense to discrimination based on race or color

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